in Re Brian Jones ( 2010 )

i i i i i i
MEMORANDUM OPINION
No. 04-10-00063-CR
IN RE Brian JONES
Original Mandamus Proceeding1
PER CURIAM
Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Delivered and Filed: February 24, 2010
PETITION FOR WRIT OF MANDAMUS DENIED
On January 28, 2010, relator Brian Jones filed a petition for writ of mandamus, complaining
of the trial court’s failure to rule on his various pro se motions.
However, counsel has been appointed to represent relator in the criminal proceeding pending
in the trial court for which he is currently confined. A criminal defendant is not entitled to hybrid
representation. See Robinson v. State, 240 S.W.3d 919, 922 (Tex. Crim. App. 2007); Patrick v.
State, 906 S.W.2d 481, 498 (Tex. Crim. App. 1995). A trial court has no legal duty to rule on a pro
se motion filed with regard to a criminal proceeding in which the defendant is represented by
counsel. See Robinson, 240 S.W.3d at 922. Consequently, the trial court did not abuse its discretion
1
… This proceeding arises out of Cause Nos. 2008-CR-7476 and 2009-CR-4440, styled State of Texas v. Brian
Jones, in the 144th Judicial District Court, Bexar County, Texas, the Honorable Catherine Torres-Stahl presiding.
04-10-00063-CR
by declining to rule on relator’s various pro se motions filed in the criminal proceeding pending in
the trial court. Accordingly, relator’s petition for writ of mandamus is denied. TEX . R. APP . P.
52.8(a). PER CURIAM
DO NOT PUBLISH
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